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Elite Earth Movers limited director Parminder Singh Manku before court where he was charged with stealing Sh71.5 million./PHOTO BY S.A.N.


The director of Elite Earth Movers limited has been charged with stealing over Sh71.5 million from the company.

Parminder Singh Manku appeared before Milimani Senior Principal Magistrate Robinson Ondiek and denied the charges.

Prosecution told the court that Manku committed the offence on diverse dates between 5th August and October 23rd in the year 2021 in Westland.

The charge sheet stated that being the director of Elite Earth Movers limited, Manku stole Sh71,500,000 belonging to the company, which came into his possession by the virtue of being a director.

Manku is also accused of forging Lalji Meghji Patel and Company Limited Board Resolution purporting to be a sole signatory to account number 0102486724000 and account name Lalji Meghji Patel and Company Limited held at Standard Chartered bank Westlands branch.

It is alleged that he committed the offence on the 10th of September 2020 at Lalji Meghji at the company’s head office along Mombasa Road, in Nairobi City County, with intent to defraud

The court further heard that on 7th October 2020 at Standard Chartered bank Westlands branch in Westlands Sub County within Nairobi City County, Manku uttered the company’s board resolutions, claiming that he was the sole signatory to the account.

Manku was released on a bond of Sh3million or alternative cash bail Sh1million.

The case will be mention 23rd of March and hearing is scheduled for 11th of May 2023.


Russian national Akhiad Kubiev, Ugandan Bernard Nabende and Kenyan Martin Munga Mutua appeared before Makadara Law Courts ./PHOTO BY S.A.N.


Foreigners and a Kenyan linked to match-fixing have been charged before a Nairobi court.

Russian national Akhiad Kubiev, Ugandan Bernard Nabende and Kenyan Martin Munga Mutua appeared before Makandara Principal Magistrate Eric Mûtûnga and denied the charges.

They are accused that on diverse dates between 3rd of February and 10th of March this year in Roysambu area within Kasarani in Nairobi the trio jointly with others not before court conspired to engage on match-fixing.

The court heard that the trio by fraudulent trick jointly with others not before court induced city stars team manager Samson Otieno Aloo to deliver football match fixing of city stars verses Sofa paka.

The football match was would be played at Ruaraka, Kenya Breweries playing ground on the 11th last weekend.

They promised to pay him 14,000 USD at the end of the match an act which could influence the results of the game.

They were released on a bond of Sh300,000 with two sureties of a similar amount.


Humphrey Mulindi Mathahana before court where he denied charges of stealing millions by agent./PHOTO BY IRENE ONYANGO.


A petrol station agent has been charged with stealing more than Sh7.7 million in Us dollars.

Humphrey Mulindi Mathahana appeared before Milimani Chief Magistrate Lukas Onyina and denied the charge.

It is alleged that Mulindi committed the offence on diverse dates between February 6 and 11, last year at Ola petrol station in Westlands, Nairobi.

The charge sheet stated that he stole the money from businessman Issadine Gabane Mohammed.

But according to Mulindi’s lawyer, the accused person only received USD 35,000 which he offered to refund but Issadine refused to take the money.

The lawyer further claimed that his client was arrested by a battalion of police officers at his home in Muthaiga.

The court also heard that Mulindi’s car has been in possession of the complainant since February of 2022 to date.

He was released on a cash bail of Sh 1million pending the hearing of the case.

Mention date is on 27th of March 2023.

The businessman has filed another case before the commercial court in a bid to recover the said money.


Nelson Ogega Matoke appeared before court where he denied taking the mobile phones including IPhones from Alex Ndung’u Gakimo./PHOTO BY IRENE ONYANGO


A middle aged man has been charged with fraudulently obtaining six luxurious mobile phones worth Sh1.2 million from a dealer.

Nelson Ogega Matoke appeared before Milimani Chief Magistrate Lukas Onyina and denied taking the mobile phones including IPhones from Alex Ndung’u Gakimo.

It is alleged that he committed the offence on diverse dates between September 15, 2022 and October 1, 2022 in Nairobi with intent to defraud.

The charges state that he obtained assorted mobile phones including two Samsung Z fold 3, two IPhones 13 promax and two Samsung Z fold 4 512gb.

He allegedly took the mobile phones valued at Sh1.2 million Gakimo by falsely pretending that he was in a position to pay for the goods.

Ogega is also accused of making a title deed of land title number Kajiado/Kaputiei-North purporting it to have originated from the registrar of land.

The charge sheet stated that he committed the offence at unknown place and dates, jointly with others not before court, with intent to defraud.

He later presented the forged title deed committing another offence of uttering a false document.

He was released on a bond of Sh400,000 and the matter to be mentioned on Thursday, March 16.


DIB Bank Ltd opposite Jamia Mosque at Central Business District (CBD).


DIB Bank Ltd has suffered a blow after the High Court rejected an application seeking to block the police from investigating a customer’s bank account.

Justice Justus Bwonwong’a dismissed the bank’s application stating that the purpose of conducting investigations secretly (without involving the concerned party), is to prevent suspects from escaping or destroying evidence.

The judge also said ex-parte applications protects innocent people from the public knowledge that they are under investigation.

“It is a universal rule that investigations in respect of allegations that offences have been committed are conducted in the absence and without the knowledge of the target or suspect. If disclosures were allowed during the investigation process, it will be prejudicial and destructive to the investigation process,” the judge said.

The judge said the lender cannot claim privilege to avoid being investigated for suspected commission of crimes.

The lender moved to court to challenge the move by a magistrate court, allowing the police to investigate a customer’s bank account.

Police constable Bonface Muli obtained a warrant to investigate the bank account over claims of conspiracy to defraud and forgery over a property charged by the bank.

The police made the application before the magistrate in September last year and were allowed to investigate the books of account but the bank faulted the move saying it would lead to compromise of its duty of confidentiality.

The judge dismissed the application saying the bank cannot claim confidentiality between it and its customers to evade disclosure of the information that is needed by the police in the course of their investigations.

“Additionally, the bank cannot claim any confidentiality once there is an order of the court to carry out the search in respect of the books of accounts of the bank,” the judge said.

The judge said fair trial rights under article 50 of the Constitution of an accused do not come into play during the investigation process and are only applicable when a suspect has been charged in court.


Homa Bay Member of Parliament Peter Kaluma who has filed application before Supreme Court seeking review of decision allowing LGBTQ to register association.


The Supreme Court has declined to certify as urgent an application filed by MP Peter Kaluma seeking a review of the decision by the top court allowing the LGBTQ to register an association.

The court’s Deputy Registrar Bernard Kasavuli instead directed the Homa Bay MP to serve the documents to all parties named in the petition, to enable them file their responses.

The case will be mentioned on March 27 to confirm compliance and for further directions.

The MP wants the country’s apex court to review and set aside its judgement, especially on its finding that the use of the word “sex” under Article 27(4) of the Constitution ‘refers also to sexual orientation of any gender, whether heterosexual, lesbian, gay, intersex or otherwise’; and that the word “including” under Article 27(4) also comprises “freedom from discrimination based on a person’s sexual orientation”.

“The court be pleased to review and set aside its judgement at paragraph 79 where the court found and decreed that the Appellant’s action of refusing to reserve the name of the 1st Respondent intended NGO on the ground that Sections 162,163 and 165 of the Penal Code criminalizes gay and lesbian liaisons was discriminatory in view of Section 27(4) of the constitution,” pleads the MP.

The legislator has also faulted the court by ruling that LGBTQ have a right to freedom of association which includes the right to form an association of any kind.

He argues that the decision by majority judges usurped the sovereign power of the people of Kenya and purported to amend Article 27(4) of the Constitution without reference to the people, contrary to the provisions of Articles 1, 255 and 259 of the Constitution.

He further argues that the court insidiously usurped Parliament’s role and authority of Parliament stipulated under Article 94 (5).

The MP says the court relied upon and were persuaded by determinations of foreign courts and tribunals while failing to take into account the fact that the said determinations were made after changes were effected through constitutional amendment provisions and or legislation to include sexual orientation as a ground for non-discrimination.

He fault the top court adding that in deciding as it did, the court disregarded the concerns and views of the people of Kenya on “sex” and “gender” as contained in the Final Report of the Constitution of Kenya Review Commission; an extra textual source of critical information in interpreting Articles 27 and 36 of the Constitution.

MP Kaluma adds that the majority decision of the court is contradictory and illogical.

“On the one hand, the court has held that it is unlawful to engage in acts proscribed by sections 162, 163 and 165 of the Penal Code in Kenya; while on the other hand the Honourable Court has proceeded to decree that NGOs Board should reserve proposed names whose discernible objects are contrary to law and register associations whose objects as can be deciphered from the proposed names are in furtherance to proscribed acts,” he says.

He accuses the court of usurping the powers bestowed upon the Director, NGOs Board to reserve proposed names of associations and also usurped and unduly fettered the free and reasonable exercise of the discretion/power vested in the Board to register associations.

“While upholding the rights of lesbians gays, bisexuals, and queer (LGBQ) persons, the honourable court failed to secure the rights and interests of the 3rd and 4 Respondents who opposed the sought registration expressing concern that registration would muddle up issues relating to lesbians, gays and bisexuals (LGB) persons with those of transgender and intersex (TI) persons yet there exist a clear distinction between the two groups,” says the MP.

He adds that the subject decision has opened the door wide to registration of associations, entities, organizations whose naming and or objects are contrary to law and inconsistent with public interest.

“The vast majority of Kenyans are irked and concerned that the subject decision offends public morality and culture of the Kenyan people. Majority of Kenyans are concerned that the Supreme Court, by the decision, has placed non-existent rights to be gay or lesbian and of the gay/lesbian to associate above the public interest and sense of morality and decency of the majority of Kenyans; which is a democracy,” he says.

He argues that the widespread discontent, uproar, dissent and displeasure with the Judgment by the general public has been reported across all mainstream media and social media platforms, quoting the President of Kenya, the Deputy President of Kenya, the Speaker of the National Assembly, the Attorney General, religious leaders, women leaders, the intersex community and ordinary citizens, all finding fault with the decision of the Court.

He says on March 1, 2023 the National Assembly as the representatives of the people of Kenya adjourned its normal proceedings for over 2 hours to debate the ramifications and full effects of the subject Judgement and on 3rd March, 2023, the United States Ambassador to Kenya, was forced to clarify that there was no pressure from the United States on the leadership of Kenya to legalize, normalize and legitimize the LQBTQ rights in Kenya, in exchange for drought relief


Deputy President Rigathi Gachagua.


Deputy President Rigathi Gachagua has been accused of using illegal means to acquire a disputed parcel of land worth Sh1.5 billion in Embakasi near Jomo Kenyatta International Airport.

Prof Gordon Okumu Wayumba, a surveyor in affidavit filed in court says that he believes Wamunyoro Investment ltd used illegal means to acquire a title deed to the land, in blatant violation of the Land Laws of Kenya and the Constitution.

The surveyor defended Michael Ohas, who is also laying a claim to the land, saying he was the first person to be issued with allotment letters for the property.

“It is also not disputed that the 1s Respondent took all necessary measures to ensure that the property was registered in his name although the process took longer due to his ill health,” says Prof Wayumba.

He said Ohas and Columbus Company Ltd are the rightful owners of the property measuring 2 hectares, known as LR NO. 209/12077.

He added that there are two correspondence files and both based on the deed plans issued to implement the allotment in favour of John Michael Ohas.

He also adds that at the Physical Planning Department, there are two Part Development Plans one for the Columbus Two Thousands ltd and another for the Wamunyoro Investment ltd when it is clear from the records that only one PDP was issued in favour of the Michael Ohas and four others.

Prof Wayumba further states that at the Survey of Kenya, there is only one computation file (Comps File Number 30790) and Deed Plan for Columbus Ohas used to implement the allotment in favour of the company.

He further claims that also at the Ministry of Lands there are no receipts and at the Ministry of Lands there are no receipts confirming any payments done by the Wamunyoro Investment ltd.

“Furthermore, at the Ministry of Lands, there are no Stamp Duty files, Memorandum or Valuation forms for the Plaintiff and on the other hand Columbus Two Thousands ltd and Columbus company has diligently been paying for the land rent,” he stated.

In support of Ohas and Columbus company position that the Suit Property was procedurally and regularly allocated and registered in favour of Columbus Two Thousands ltd.

“I believe that the clarifications in this Affidavit should lead to a declaration that the Title in favour of the 2nd Defendant/Respondent was duly processed through allotment, survey, and registration through allotment, survey and registration,” says Prof Wayumba.

Prof Wayumba further dismissed claims by senior assistant land registrar Nyandoro David Nyambaso, who is based at Ardhi House, who said the title held by Columbus Two Thousand limited was irregularly issued.

Prof Wayumba says that contrary to the allegations of Nyandoro in his affidavit that the first grant to Property LR. 209/12077 was issued to Karandi Farm ltd which grant was reported missing, the first grant to the Suit Property was issued to Ohas in 1994.

He adds that the Deed Plan mentioned by Nyandoro’s affidavit as the true and original copy used by Wamunyoro Investment ltd to prepare their purported title was actually prepared by myself.

“Contrary to the averments by Nyandoro, the Deed Plan was prepared for the purposes of implementing the grant in favour of the 1 Respondent and registration of title for the 2nd Respondent and not the Plaintiff,” he said.

He further adds that contrary to averments by Nyandoro, the Commissioner of Lands could not have been moved to register the property through an allotment to a third party using a Deed Plan intended to implement an allotment to the Ohas.

Further, and contrary to the averments by Nyandoro, in case of a First Grant, the Deed Plan is submitted to the Commissioner of Lands Directly by the Director of Survey upon the instruction through an Indent Letter.

Nyandoro in his affidavit told the court that Wamunyoro Investment Limited, which is linked to Gachagua held a title deed to the land and the same had never been revoked or cancelled.

“Under the circumstances, the title held by Columbus Two Thousand limited ought to be cancelled unless the court declares otherwise,” said Nyandoro.

Wilfred Muchae, the director of survey told the court that an examination of the application for a certified copy of the deed plan revealed that there were some anomalies which may not detected at the time of processing the application


Safaricom chief executive officer Peter Ndegwa who is among the company top officials facing warrant of arrest.


Safaricom chief executive officer Peter Ndegwa and senior telco officials have suffered a loss after their attempt to suspend a warrant for their arrest over the failure to pay a litigant more than Sh7 million was dismissed by the High Court.

Embu High Court Judge Lucy Njuguna dismissed the application saying the matter, which is pending before a lower court, is yet to be determined.

The judge said the fate of that application is yet to be determined and the court cannot assume that the giant telco will automatically be granted the leave sought.

“As such, it would be presumptuous for this court to grant stay of execution orders before the applicant (Safaricom PLC) is granted leave to appeal. In any event, and as the court has observed herein above, the applicant has not challenged the ruling delivered on the 8th of December 2022 by the trial court,” ruled Judge Njuguna.

Other than Ndegwa, those to be arrested include directors Dilip Pal, Christopher Kirugia, Winifred Ouko, Raisibe Morathi, Sitholizwe Mdalalose, Rose Ogega, Francesco Bianco and former CEO Michael Joseph.

According to the warrant of arrest dated 9th December 2022, Officer Commanding officer (OCS) Parklands Police station should arrest CEO Ndegwa alongside other safaricom PLc officials and produce them before Embu law Courts for sentencing.

“This is to command you to arrest the said CONTEMNORS and upon arrest , the directors be arraigned before this court for sentencing as soon as will be reasonable practicable and in any event NOT later than 10th January 2023,” stated warranted of arrest issued by Embu Senior Principal Magistrate.

The OCS was further directed to return the warrant as soon as it is executed.

“You are further commanded to return this warrant as soon as it is executed with an endorsement certifying the day on which and manner in which it has been executed, or the reason it has not been executed,” states the warrant issued on 9th of December 2022.

Ephantus Mbogo Njuki wants the officials punished, accusing them of refusing to comply with a court order, directing them to pay him the money.

The judge observed that the Garnishee Order Absolute had been overtaken by the ruling delivered on December 8, 2022 and as such, the court was persuaded by the submissions by Njuki that it does not have jurisdiction to entertain the application.

Safaricom through lawyer Edna Rweya had pleaded with the court to rescue the CEO and top directors claiming if orders sought are not issued they will suffer substantial loss and prejudice.

“Unless this application is heard expeditiously and the orders sought herein are granted in favour of the applicant/appellant (Safaricom PLC), will suffer great loss and prejudice,” the application read.

Safaricom argued that if the warrant of arrest is not suspended, the intended appeal will be rendered an academic exercise and nugatory.

The company has argued that it will be ordered to assume the liability of the Invesco Insurance Company and pay monies which they are not holding on behalf of the insurer.

Safaricom further says the Garnishee proceedings were undefended and punishing its bosses without hearing their side will cause them irreparable economic loss.

The giant telecommunications company said given an opportunity, it will prove that there were no sufficient funds to satisfy the order.

Further, the monies payable was to be sourced from the subject Mpesa Paybill Account and not via execution of warrants of Arrest against the Directors of the applicant.

It urged the court to allow the application as it has sought leave to appeal the ruling of the trial court following the issuance of warrants of arrest.

Njuki through his lawyer Morris Mugendi opposed Safaricom PLC application arguing that the court does not have the jurisdiction to entertain the application for stay.

The lawyer argued that contempt of court proceedings are sui generis in nature and Safaricom ought to have appealed against the ruling by the trial court and not to bring the said application.

“The wording of the provision contemplates that an appeal must be in existence before an application for stay can be entertained,” said the judge.

The Judge noted that there was no appeal before the court or even a draft memorandum of appeal challenging the decision of the trial court, which found the directors of Safaricom guilty of contempt of court. 

Senior Principal Magistrate H. Nyakweba ruled last year that the corporate veil should be lifted so that the directors can be punished for declining to comply with his directive.

The court had said the directors of Safaricom should be arrested and presented before court for sentencing soonest but not later than January 10.

“In the upshot, I allow application dated 3rd November, 2022 as prayed. As a result , I issue a warrant arrest against all directors of Safaricom PLC. Upon arrest, the directors should be arraigned before me for sentencing as soon as will be reasonably practical and in the event not later than 10th January, 2023,” Magistrate Nyakweba.

Safaricom operated an Invesco Assurance account through Paybill 980100 as per the court order.


Kenya Water and Sewerage Workers Union secretary general Elijah Otieno Awach before court. /PHOTO BY S.A.N.


The secretary general of the Kenya Water and Sewerage Workers Union Elijah Otieno Awach has been charged with forgery.

Awach appeared before Milimani Senior Principal Magistrate Esther Kimilu and denied the charge.

It is alleged that with intent to defraud, Awach forged the signature on National Executive committee minutes purporting it to have been signed by Ahmed Bashir Mohamed.

The charge sheet stated that he committed the offence on February 12, 2021 in Nairobi.

Further, Awach allegedly uttered the same minutes to Billy Kagia, an employee of Cooperative bank, purporting it to be genuine and signed by Bashir.

He allegedly committed the offence on February 19, 2021 at Cooperative bank, Buruburu branch.

The court released on a cash bail of Sh200,000.


Fairview Hotel in Nairobi.


A judge has upheld the sacking of a former chief executive officer of Fairview Hotel who was summarily sacked in 2017.

Employment and Labour Relations Court Judge James Rika dismissed case filed by former CEO Mohsine Korich whose contract was terminated in the year 2017.

Judge Rika said Korich was not able to fault Fairview Hotel, was unable to fit in, with the corporate culture of the hotel.

“He did not fit in, with those above him, and those below him. He insulted them all, and showed respect to none,” the judge said.

The former CEO had worked for the hotel for a total of 27 years, seven of them as the CEO and was earning a monthly salary of Sh1.5 million.

“The Claimant appears to have an underlying medical condition, which made him short-tempered, and ultimately, incompatible with his colleagues, both senior and junior,” the judge said.

The court further said Korich was reasonably accommodated and taken through counselling, but in the end, he remained unmanageable.

Korich had challenged his firing and a disciplinary proceedings against him but which he failed to attend even after being rescheduled on three occasions.

Among the complaints against Korich is that he did not respect the General Manager, would address the staff inappropriately and brought disrepute to the management team.

“The Claimant seems to the Court, to have conceded wrongdoing. In his response to the letter to show cause, he states that he felt angry and disappointed because the General Manager failed to ask him details of what had transpired the evening before. He alleged that he reacted to these feelings. He was sorry, that the General Manager felt intimidated,” says the court decision.

He did not deny being invited by the General Manager to discuss complaints against him but told the General Manager that he was not going to attend any meeting, and that the General Manager would have to wait, until the Board was present to discuss the issues.

“If you want to fire me, please go ahead, but I am not coming to any meetings anymore,” a message sent to the general manager and tabled in court showed.
Other than complains from the general manager, there were others from those subordinate to him at the kitchen, including the kitchen administrator, a chef and other staff who were allegedly subjected to cruelty by the former CEO.

The court noted that the former CEO took the position from the inception, that the assistant general manager Ross Thomson, was a young South African expatriate, not suitable to serve as second in command, in a labour market where there were better qualified indigenous Kenyans.

He did not therefore submit himself to the GM and when for example, he was invited to a meeting on October 9, 2017, to discuss work issues, he declined saying there was nothing to discuss, and when Thomson insisted on having a conversation, he was met with insults.